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The COVID-19 pandemic has revealed some cracks in the balance of power between Pa. Gov. Tom Wolf and the state General Assembly.
The Republican-led Pennsylvania House of Representatives in about two weeks passed a bill aimed at amending the state Constitution to limit the governor's ability to declare a disaster declaration.
The bill -- HB 55 -- sailed through the House at warp speed. It was referred to committee on Jan. 11 and went through final passage in the house just 16 days later on Jan. 27.
The House, on Friday, approved the Senate version of the bill -- SB 2 in a 116-86 vote. The Senate approved the measure last month.
That will put the issue before the public for a referendum in the May primary.
The legislation permits the governor to declare disaster declarations and requires that the governor detail what type of disaster he is declaring.
Unsurprisingly, the General Assembly left iself the authority to "provide for the manner in which each type of disaster enumerated… shall be managed."
The constitutional amendment would prohibit declarations from lasting more than 21 days "unless otherwise extended in whole or part by concurrent resolution of the General Assembly" and prohibit the governor from issuing "a new disaster emergency declaration based upon the same or substantially similar facts and circumstances without the passage of a concurrent resolution of the General Assembly expressly approving the new disaster emergency declaration."
Emergency disaster declarations give governors the power to issue or rescind executive orders and regulations, access stockpiles of emergency supplies and equipment and suspend laws or regulations that govern state agencies.
Republicans have primarily made the case for the proposed amendment by criticizing Wolf's shutdowns of businesses during the pandemic. But the amendment may have no such legal effect on that kind of executive branch power in the future.
Wolf has cited the authority for such measures under the state's Disease Prevention and Control Act to shut down businesses and schools and issue broad masking orders and other social-distancing requirements on the state's citizens.
Courts have repeatedly backed Wolf's use of those powers during the pandemic. In any case, Wolf's administration has said lifting the emergency disaster declaration would not affect powers such as those, which rest on the state's Disease Prevention and Control Act.
Courts may end up determining the ultimate effect of the proposed amendment.
"Once again, our constitutions and the rights they affirm cannot be suspended during times of crisis," State Representative Kathy Rapp said. "The time has come to end the governor's unchecked and unprecedented abuse of emergency powers. His style of ruling that continues to decimate our economy must be contained.
"House Bill 55 would restore the voice of the people by allowing them to decide how long emergency declarations should be declared and allowing the people's elected Legislature to exercise its authority concerning the implementation or termination of an emergency declaration."
Constitutional amendments must pass the General Assembly in two consecutive legislative sessions before going to the voters for referendum.
This legislation, according to Rep. Martin Causer, has now passed the House twice.
"As a constitutional amendment, it would supersede statute and could not be overturned by the courts," Rapp's statement said.
"In school, we're taught about the importance of maintaining checks and balances within our system of government, ensuring there is a separation of powers among the legislative, executive and judicial branches of government," Causer said. "It appears our governor was absent that day, as he has essentially refused to communicate, let alone consult with, the duly elected members of the General Assembly in his actions throughout the COVID-19 pandemic.
The Associated Press contributed to this report.